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HomeMy WebLinkAbout08/08/1994 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building AUClust 8. 1994 The City Council Meeting was called to order by Mayor Wilde at 7 00 P m Councilmembers present: Rae Jean Behm, Don Eafanti, Vance Edwards, Jean Fields, Dennis Hall, Ken Siler Tony Solano was absent. Claudia Worth was hooked up via telephone due to illness Also present: City Clerk, Wanda Sang; City Administrator, Robert Middaugh, City Attorney, Kathryn Schroeder; City Treasurer, Jim Malone, Director of Public Works, Bob Goebel, Director of Planning, Glen Gidley; Chief of Police, Jack Hurst; Director of Parks and Recreation, Gary Wardle, staff; and interested citizens APPROVAL OF MINUTES of Special Study Session of AUQust 1. 1994 Motion by Mr Eafanti for the approval of the Minutes of August 1, 1994, seconded by Mr Siler; carried 5-1 with Mr Edwards voting no and Mr Hall abstaining Mr Hall had not been present at that meeting CITIZENS' RIGHT TO SPEAK Jeanelle Shaver, District III, suggested changes to the ballot question Karen Thiessen, District III, suggested everyone carefully read a document her neighborhood group had prepared before they voted on 38th Avenue She feels that it appears that there is a conflict of interest in this administration PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 62 - An Ordinance amending the Code of Laws of the City of Wheat Ridge, Colorado, regarding parking of recreation vehicles and towed vehicles within public street rights-of-way or private property in residential zones Council Bill 62 was introduced by Mrs Worth on second reading, title read by the Clerk, Ordinance 974 assigned Mr Gidley was sworn in by the Mayor and presented the staff report. CITY COUNCIL MINUTES August 8, 1994 Page -2- Motion by Mrs Worth for the adoption of Ordinance 974, seconded by Mr Eafanti, carried 7-0 Item 2. Council Bill 63 - An Ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to use of semi-trailers and shipping containers for the purpose of outside storage Council Bill 63 was introduced on second reading by Mrs Behm, title read by the Clerk; Ordinance No 975 assigned Mr Gidley gave the staff report and answered Council's questions He corrected his memo to City Council by adding that Planning Commission had recommended that this conditional use be for more than 3 semi-trailers, trailers, etc The way it is currently written, it would be for any amount of trailers, etc Motion by Mrs Behm for the approval of Council Bill 63 on second reading as it is written, seconded by Mr Eafanti Motion by Mr Edwards to postpone this until we can discuss it at the next available Study Session, seconded by Mrs. Worth, carried 7-0 (This will be the August 15 Study Session) Item 3. Council Bill 64 - An Ordinance amending the Zoning Ordinance of the Code of Laws of the City of Wheat Ridge relating to Automobile and Light Duty Truck Sales and Rental Lots Council Bill 64 was introduced by Mr Siler on second reading; title read by the Clerk; Ordinance No 975 assigned Mr Gidley gave the staff report and made corrections to the wording In Section 1 the word "truck" should be added after light duty; and also in Section 1 the word "any" should be used instead of "a" time Motion by Mr Siler for approval of Council Bill 64 (Ordinance 975) on second reading with Mr Gidley's suggested corrections, seconded by Mr Edwards, carried 7-0 Motion by Mr Eafanti to bring in an Ordinance that addresses boats and motorcycles, under the Zoning Ordinance, seconded by Mr Edwards, carried 7-0 CITY COUNCIL MINUTES August 8, 1994 Page -3- Item 4. Council Bill 65 - An Ordinance providing for the approval of rezoning from Residential-One (R-1) and Residential-Three (R-3) to Planned Residential Development (PRD) and for approval of an outline development plan on land located at 3701 Quail Street, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-94-6) (John & Julie Batug) Council Bill 65 was introduced on second reading by Mrs Fields, title read by the Clerk; Ordinance No 976 assigned Mr Gidley presented the case and answered Councils' questions Director of Public Works, Bob Goebel, was sworn in by the Mayor and clarified some of Councils' concerns Steven Ness, representing the owners of this property, was sworn in by Mayor Wilde The owners are sorry they cannot be here tonight, they are out of State Mr Ness has submitted copies of reports relative to the flood plain to the planning staff The irrigation ditch will be maintained as an open ditch It will be left just as it is They are also hoping to leave all the large trees undisturbed They will build a fence to give the Noble's more privacy City Clerk, Wanda Sang, read a letter from Julie and John Batug into the record, in which they explain that they live immediately adjacent to the west of this proposed development; no one's property is more impacted than theirs, they believe this project will have a positive influence on the neighborhood Howard Noble, 11254 W 38th Avenue, was sworn in by the Mayor; he lives directly south of the proposed development; he believes that 5 houses on less than 1 acre are too many; it is extremely important that the Council require that neighborhood residents be involved in the creation of the final development plan, asked that some form of an easement be given for wildlife buffer; asked for assurance that this property is developed in accordance with the plan approved here tonight; questioned the final flood plain study that is currently not available Louise Turner, 11256 W 38th Avenue, was sworn in by the Mayor; agreed with everything Mr Noble has said, was particularly concerned about wildlife and urged that an easement be provided, questioned the wisdom of the temporary turn-around, was concerned about the ditchwater running under pavement and driveways, requested that any changes to the plan come back to Council for public hearing Motion by Mrs Fields to approve Council Bill 65 (Ordinance No 976) on second reading I further move that the request for a variance to the PRD minimum lot size for property located at 3701 Quail Street, be approved for the following reasons 1 Circumstances are unique 2 The PRD zoning allows better use of land form 3 It provides more control for the City to ensure a quality development; seconded by Mr Siler CITY COUNCIL MINUTES August 8, 1994 Page -4- Motion by Mr Edwards to postpone this decision until the next City Council meeting after the Board of Adjustment has rendered its decision regarding the flood plain, seconded by Mrs Worth, failed 3-4 with Councilmembers Worth, Edwards, and Fields voting yes Motion failed 5-2 with Councilmembers Edwards and Fields voting no Motion by Mr Edwards to reconsider this after the Board of Adjustment has rendered its decision regarding the flood plain, seconded by Mr Eafanti, carried 7-0 DECISIONS, RESOLUTIONS, AND MOTIONS Item 5. CONSENT AGENDA. A. Bid Award for Dead Tree Program for 1994 B Purchase of tapes and storage cabinet. Mr Siler introduced the Consent Agenda, Clerk read the title Mrs Worth asked that Item A. be pulled for separate vote Mrs Worth asked that the cottonwood tree at 4610 Robb Street be pulled from the list. This is a tree that is over 100 years old M r Wardle explained that the T -3 mark on the side of the list indicates that those trees are to be trimmed, checked, not cut down Those trees marked R are the trees that will be cut down Motion by Mr Siler that we accepted the consent agenda as written, Items A. and B , seconded by Mr Edwards, carried 7-0 Item 6. Motion to assist area softball team to attend a national tournament Mr Middaugh explained that this was a request from a girls competitive softball team that placed 1 st in League play, second in State playoffs and fourth in the Regional playoffs This qualified them for the National playoffs, which will be held in California. Barbara Fisher introduced members of the Softball Team "Golden Sweet Cleats", thanked Mayor and Council for being allowed to be present tonight; explained that they are looking for corporate sponsors and are also asking the City of Golden for financial support to be able to go to California. They need $6,000 and currently have about $3,000 Motion by Mrs Worth that the City of Wheat Ridge give $3,000 to be appropriated from line item 102-780 to allow the Golden Sweet Cleats to participate in the National Tournament; seconded by Mr Hall, carried 5-2 with Mr Edwards and Mrs Fields voting no Mr Edwards looks at this fund to help other government agencies and non-profit agencies that provide assistance to our citizens, these funds are very limited. CITY COUNCIL MINUTES August 8, 1994 Page -5- Item 7. Council approval for budget transfer Motion by Mrs Behm that $30,000 be transferred from Capital Improvements Fund Account, 30-303-844 Accessibility/Repair and $55 000 from Capital Improvements Fund Account, 30-303-884, Preventive Maintenance, to Capital Improvements Fund Account 30-303-842, Curb, Gutter, and Sidewalk, seconded by Mr Eafanti, carried 7-0 Item 8. Resolution 1423 - expressing the need and a method to finance various Capital Improvements to the Police Department. Resolution 1423 was introduced by Mr Siler; title read by the Clerk. Chief of Police, Jack Hurst, explained the necessity for this item Motion by Mr Siler for approval of Resolution 1423, that a ballot question as contained within Resolution 1423 be submitted to the voters at the 1994 November election, seconded by Mr Hall, carried 7-0 CITY ADMINISTRATOR'S MATTERS Bob Middaugh stated that at the next Study Session Council would discuss Outside Trailer Storage Ordinance and Campaign Reform. CITY ATTORNEY'S MATTERS Kathryn Schroeder updated Council that the judge has declined to rule on our declaratory judgement action ELECTED OFFICIALS MATTERS Ken Siler asked that an Ordinance be placed on a study session in September, regarding parking whenever a business changes its functions or increases employees Vance Edwards expressed his admiration for Mr Siler for stating his position on 38th Avenue, although he disagrees with him He pointed out if he in any way miscommunicated something that was told to him about Mr Wilde being on the Board of a Nursing Home he wanted to correct that; Mr Wilde stated that is not the case and he does not want to contest that. City Clerk, Wanda Sang, stated that she has to certify the ballot to the County Clerk by September 14 CITY COUNCIL MINUT~ August 8, 1994 Page -6- Claudia Worth asked that the City Council recommend to the Parks Commission to rename Wheat Ridge Park "Ed Anderson Park" in honor of the first Mayor of the City of Wheat Ridge, who not only was the first Mayor, but who worked very hard on the incorporation of the City She asked that this come back to our next regular meeting She asked this in form of a motion, seconded by Mrs Fields, carried 7-0 Motion by Mr Eafanti to adjourn, seconded by Mrs Behm, carried 7-0 Meeting adjourned at 10 15 pm APPROVED BY CITY COUNCIL ON AUGUST 22, 1994 BY A VOTE OF - to-,=- , \, ' i i 'l, \, "--~~ Dennis Hall, Council President